Put your NDIS service agreement in place

An NDIS Service Agreement is a formal contract between an NDIS participant and an NDIS-registered service provider. It sets out the terms of the relationship, including how and when the provider will deliver services to the participant.

The purpose of the agreement is to make sure both parties clearly understand the services being provided and what is expected of them. It helps formalise the support arrangement by providing transparency around service delivery, financial commitments, and roles.

This agreement provides a structured approach to service delivery, helps prevent misunderstandings, and supports a positive working relationship between the participant and provider. It also helps protect the participant’s rights by ensuring they receive the appropriate support to work towards their individual goals under the NDIS framework.

An NDIS Service Agreement generally covers several key areas to help create clarity and protect the rights of both the participant and the provider. Common inclusions are:

1. Description of services
   • A clear outline of the specific services the provider will deliver, including how, when, and where they will be provided.
2. Participant’s goals and outcomes
   • The participant’s goals and the intended outcomes of the services, so the support aligns with their needs and aspirations.
3. Roles and responsibilities
   • A breakdown of each party’s responsibilities to help prevent misunderstandings, including what is expected of the provider and the participant.
4. Payment terms and funding arrangements
   • Information about service costs, how payments will be managed, and the type of funding to be used. This may also include payment schedules, invoicing, and any cancellation fees.
5. Duration and review process
   • The term of the agreement, such as whether it is fixed-term or ongoing, and any process for reviewing, renewing, or updating it.
6. Termination and dispute resolution
   • The circumstances in which either party can end the agreement and the process for handling disputes or complaints.
7. Confidentiality and privacy
   • Clauses dealing with the protection of the participant’s personal information in line with privacy laws.

By including these elements, an NDIS Service Agreement creates a clear structure for service delivery and helps both parties understand their rights and responsibilities.

It may be possible to draft an NDIS Service Agreement yourself, but having a lawyer involved can be helpful, especially if you want the agreement to be comprehensive, legally compliant, and tailored to your needs.

Here are some of the reasons a lawyer can assist:

1. Ensuring compliance with NDIS requirements and legal standards
   • NDIS Service Agreements may need to meet certain regulatory and legal standards, including around rights, responsibilities, and privacy protections. A lawyer can help ensure the agreement aligns with NDIS guidelines and relevant laws.
2. Protecting your interests and reducing risk
   • A lawyer can identify potential risks and include clauses to help protect your interests. This can be particularly important for service providers who want to reduce the chance of misunderstandings or disputes.
3. Tailoring the agreement to your needs
   • Every participant’s situation is different, and a template may not cover all aspects of the services being provided. A lawyer can help tailor the agreement to reflect the specific services, goals, and expectations involved.
4. Clarifying payment and termination terms
   • Payment and termination terms can be complex, especially where there are special funding arrangements or cancellation fees. A lawyer can help make sure these terms are clearly set out.
5. Including a dispute resolution process
   • A clear dispute resolution clause can help both parties manage issues if they arise. A lawyer can draft a process that is fair and practical.
6. Providing confidence and professionalism
   • For both participants and providers, a well-drafted agreement can add confidence to the relationship and show a commitment to reliable service delivery.

In short, while you may be able to prepare an NDIS Service Agreement without legal help, engaging a lawyer can help make sure the agreement is robust, compliant, and suited to your circumstances.

If you proceed without an NDIS Service Agreement, both the participant and the provider may face a number of risks and challenges, including:

1. Unclear expectations and responsibilities
   • Without a written agreement, it can be harder to set clear expectations about the scope of services and each party’s responsibilities. This can lead to misunderstandings and disputes.
2. Risk of disputes about services and payments
   • An NDIS Service Agreement usually sets out key terms around service delivery, costs, and payment schedules. Without it, disagreements may arise about what services are being provided, how much is owed, and when payments are due.
3. Increased liability and legal risk
   • For providers, operating without a formal agreement may mean greater exposure if something goes wrong. Without clear protections in place, misunderstandings may be more difficult to resolve.
4. Lack of defined goals and outcomes
   • An agreement helps both parties align on the participant’s goals and intended outcomes. Without that structure, it may be harder to ensure the support remains focused and consistent.
5. No clear process for termination or dispute resolution
   • Without a Service Agreement, there may be no defined process for handling disputes or ending the relationship if things are not working out.
6. Non-compliance with NDIS requirements
   • While not strictly mandatory, having a Service Agreement is considered best practice under NDIS guidelines to help protect both participants and providers. Operating without one may affect a provider’s professionalism or alignment with recommended standards.

In short, an NDIS Service Agreement helps protect both the participant and the provider by setting clear expectations and reducing the risk of misunderstandings, disputes, and other issues.

Our fixed-fee NDIS Service Agreement packages start at $900 + GST. This includes an NDIS Service Agreement drafted to meet the requirements of your business, and we’ll ensure you are meeting your obligations under the NDIS Commission rules and other relevant laws. The package also includes phone consultations with a Sprintlaw lawyer and one complimentary amendment to the final draft we provide to you.

Yes, we’re a law firm and an Incorporated Legal Practice registered with the Law Society of NSW.

We handle everything by phone, email and video call, so you never need to visit an office. Once you request a quote, one of our legally trained consultants will get back to you within one business day with a fixed-fee proposal. If you accept, we will pair you with a specialist lawyer who will guide you through the process. All documents are delivered digitally, and you can communicate with your lawyer in the way that suits you best. It is the same quality legal advice you would get from a traditional firm, just without the commute, hourly billing surprises or the formality.

Sprintlaw operates completely online, so we can help you wherever you are in Australia. We work from The Commons Central, a co-working space in Chippendale, Sydney, and our lawyers also work flexibly from various locations.